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Terms and Conditions

GENERAL CONDITIONS OF SALE

 

Effective from 01/01/2016.

The following General Conditions of Sale govern the offer and sale of products on this website (also, alternatively, the "Site").

The products and / or services purchased on the Site are offered and sold by the commercial Partners affiliated with "WebsiteOwner" and by "WebsiteOwner" itself.

You can request any information and / or send communications and / or submit complaints regarding sales, purchase orders, products, payments and shipments, by contacting the Customer Service of "WebsiteOwner" ("Customer Service"), in the manner specified at art. 16.

 

1. SCOPE OF APPLICATION

 

1.1 The sale of products through the Site ("Products") constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 These General Conditions of Sale apply to all sales made by "WebsiteOwner" on the Site.

1.3 The General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication in the "Conditions of Sale" section of the Site. For this reason, users are invited to regularly access the Site and consult, before making any purchase, the latest version of the General Conditions of Sale. The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

The user is required to carefully read these General Conditions of Sale, which "WebsiteOwner" makes available to him in the "Conditions of Sale" section of the Site and which he is allowed to store and reproduce, as well as all other information that "WebsiteOwner" provides it on the Site, both before and during the purchase process.

1.4 These General Conditions of Sale are applicable only to the Italian territory. They do not regulate the sale of products and / or the provision of services by parties other than "WebsiteOwner" which are present on the Site through links, banners, or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. "WebsiteOwner" is not responsible for the provision of services and / or for the sale of products by such parties. On the websites accessible through these links "WebsiteOwner" does not perform any checks and / or monitoring. "WebsiteOwner" is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.



2. PURCHASES ON THE SITE

 

2.1 Access to sales made through the Site is reserved exclusively for users who have reached the age of 18 and who are registered on the Site by creating a "WebsiteOwner" account.

2.2 Access to the offers on the Site is allowed both to users who are consumers, as defined by art. 3, co. 1, lett. a) of the Consumer Code, meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any commercial, craft, entrepreneurial or professional activity carried out, both to users who are not consumers pursuant to this definition.

2.3 Under no circumstances may resellers or wholesalers or, in general, all subjects who intend to purchase the Products for the purpose of subsequent resale, make purchases on the Site. It is therefore forbidden for these subjects to register on the Site and make purchases on the Site.

2.4 "WebsiteOwner" reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and / or the conditions and / or terms of a purchase contract with "WebsiteOwner"; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) by users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent "WebsiteOwner" the documents requested by the same as part of the procedure pursuant to art. 9.3 that follows or that invalid documents have been sent to you; (v) from users who do not give sufficient guarantees of solvency.



3. REGISTRATION TO THE SITE

 

3.1 Registration to the Site is free. To register on the Site, the user must fill in the registration form, entering the name, surname, an e-mail address. Registration will be confirmed by e-mail to the user who, to complete the registration procedure, must click on the appropriate link contained in the communication received by entering the password that will be indicated in the same e-mail.

3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to make sure that no one has access to them, as well as to inform "WebsiteOwner" without delay by contacting it as indicated in art. 16, in case of suspected misuse and / or disclosure of the same. The user guarantees that the personal information provided during the registration process on the Site is complete and truthful. Each user is allowed to register on the Site for one time only. It is forbidden for the same user to make multiple registrations. If "WebsiteOwner" detects that the same user has made several registrations on the Site, "WebsiteOwner" reserves the right to proceed, immediately and without prior notice, to block the relevant account. The user agrees to keep "WebsiteOwner" harmless from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.



4. INFORMATION FOR THE CONCLUSION OF THE CONTRACT

 

4.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, "WebsiteOwner" informs the user that:

- to close the purchase contract for one or more Products on the Site, the user must fill in an order form in electronic format and send it electronically to "WebsiteOwner", following the instructions that will appear on the Site from time to time and that will support the different phases of the purchase.

- the contract is closed when the order form reaches the "WebsiteOwner" server.

- before proceeding with the transmission of the order form, the user can identify and correct any data entry errors by following the instructions indicated on the Site from time to time and which will support the various stages of the purchase.

- once the order form has been registered and the confirmation of the authorization to pay the total amount due has been received, "WebsiteOwner" will send the user, via e-mail to the indicated e-mail address, the order confirmation, containing a summary of the General Conditions of Sale and of the special conditions applicable to the contract, information relating to the characteristics of the Product purchased, a detailed indication of the price, the means of payment used, information on the right of withdrawal, delivery costs and any additional costs and Customer Service contacts, which the user can contact to request assistance and / or submit complaints. It is recommended to keep the e-mail received as proof of purchase. The General Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the standard withdrawal form pursuant to art. 10 will be attached to the e-mail confirming the shipment referred to in art. 8.4 below.

- the order form will be filed in the "WebsiteOwner" database for the time necessary to process the order and, in any case, in accordance with the law.

4.2 The language available to users for the conclusion of the contract is Italian and English. Customer Service is able to communicate with users in the same languages.



5.PRICES

 

5.1 All Product prices are expressed in Euros (€) and are inclusive of the Value Added Tax ("VAT") and, where applicable, the WEEE contribution. Shipping costs and any other possible additional costs, including VAT and expressed in Euros (€), will be expressly and separately indicated in the order form, before the user proceeds to transmit it, as well as on the e-mail of order confirmation.

5.2 The price of the Products can be changed by "WebsiteOwner" at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main characteristics of the Product ("Product Sheet") at the time of sending the order. Any changes (up or down) in the price after the transmission of the order will not be considered.



6. PURCHASE ORDERS - PRODUCT INFORMATION

 

6.1 "WebsiteOwner" will process the purchase order, and therefore will ship the purchased Product, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applied, and any other additional costs, as indicated in the order form ("Total Amount Due"). If the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. The user will be notified of this resolution and the consequent cancellation of the order immediately after the transmission of the order, through the Site.

6.2 The Products will remain the property of the "WebsiteOwner" partners until the user has paid the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to "WebsiteOwner", on the other hand, will be transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Products.

6.3 The Products offered on the Site are the items (by way of example: articles of clothing, footwear, accessories - e.g., costume jewelery, watches, glasses, small leather goods, etc.) present on the Site at the time the order is placed by the 'user.

6.4 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.



7. AVAILABILITY OF PRODUCTS

 

7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order. The assortment on the "WebsiteOwner" site reflects the exact availability of each item by size and color. The site is in fact connected to all the shops and all the warehouses of the "WebsiteOwner" partners. As an authorized reseller of all brands on the site, "WebsiteOwner" guarantees the authenticity of each item. Once the order request has been received, the "WebsiteOwner" Orders department reserves the right to reconfirm the availability of the items purchased, the validity of the transaction by credit card and to check the details of the previous transactions made by the Customer on the WEBSITE site.

7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and by Chapter XIV of Title II of Book IV of the civil code, the user will be promptly informed by e-mail. The user will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damage, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code or in any case in which the payment of the total amount due has already been made, "WebsiteOwner", without prejudice to the user's right to compensation for damage, will refund this amount without undue delay and, in any case, within the maximum term of 15 working days from the sending of the order. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date. In addition to the foregoing, in the event of unavailability of the ordered Product, "WebsiteOwner" will provide the user with a 10% discount coupon applicable to the next purchase made on the website.

7.3 In the case of orders relating to a plurality of Products ("Multiple Order"), if the unavailability concerns only some of the Products covered by the Multiple Order (without prejudice to the rights attributed to the user by law, and, in particular, from Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of the preceding Article 7.2, if the unavailability concerns all the Products subject to the order) "WebsiteOwner" will immediately notify the user via e -mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product (s) that have become unavailable, without prejudice to the right to compensation for damage, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, in relation to the Product (s) that have become unavailable or in any case in which the payment of the total amount due has already been made, "WebsiteOwner" without prejudice to the right of the user to compensation for the damage, will refund the amount due in relation to such Product / s within a maximum period of 15 working days from the sending of the order. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date. The termination of the entire Multiple Order will be possible only in the case of evident and proven accessory nature of the Products covered by the Multiple Order which have become unavailable compared to the other Products object of the Multiple Order available.



8. DELIVERY OF PURCHASED PRODUCTS

 

8.1 Delivery is subject to charges. Delivery costs are charged to the user, unless otherwise indicated during the purchase process and / or in other parts of the Site. The amount of delivery costs payable by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit the same. The indication of these costs will also appear in the "Profile - My orders" section of the Site and in the order confirmation. An additional cost may be required for delivery in some areas. This cost will be specifically indicated during the purchase procedure and, in any case, before the completion of the same, as well as in the order summary. The delivery terms will be specifically indicated during the purchase procedure and in the order summary, and, in any case, before the user sends the order. They will also be indicated in the order confirmation and in the "Profile - My orders" section of the Site. Delivery terms and costs are calculated considering, in addition to the delivery area, also the delivery method chosen by the user. In the event of failure to indicate a specific delivery term, this will in any case take place within thirty days from the date of conclusion of the contract.

8.2 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user. It is up to the user to check the conditions of the Product that has been delivered to him / that he has withdrawn. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to "WebsiteOwner", is transferred to the user when the user, or a third party designated by the same and different from the carrier, materially comes into possession of the Product, it is recommended the user to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and is invited, in his interest, to indicate on the carrier's transport document, any anomalies, accepting the package with reserve. The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier, in the event of loss or damage to the Products, except in the case in which the loss or damage is due to willful misconduct or gross negligence of the courier itself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. If the package shows evident signs of tampering or alteration, the user is also recommended to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

8.3 The Products purchased on the Site will be sent and delivered to the address indicated by the user when ordering. Home Delivery will be made, unless otherwise indicated, by MBE courier from Monday to Friday, during normal office hours (from 9:00 to 18:00), excluding national holidays. "WebsiteOwner" reserves the right to use other carriers, subject to compliance with the delivery method chosen by the user and the delivery terms indicated. Shipments to Italy, San Marino and Vatican City are made by UPS or TNT courier, while shipments outside these territories are made by UPS or DHL courier. Any customs duties and taxes for importation are always charged to the customer as these are not foreseeable in advance and vary according to the destination.

8.4 Upon delivery of the Products to the courier, the user will be sent an e-mail confirming the shipment in which the tracking number will be indicated through which he will be able to check the status of the shipment. This e-mail will also contain the indications relating to the delivery procedure, the deadline for collection in case of non-delivery due to the absence of the recipient and the consequences of failure to collect within the indicated deadline.

8.5 The user acknowledges that the withdrawal of the Product is his specific obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will leave a postcard to certify the delivery attempt (so-called passage notice). The card will indicate the telephone number that the user must contact to request that the courier makes a second delivery attempt. After two unsuccessful delivery attempts, the package will go "in stock". As soon as the package is "in stock", the Customer Service will contact the user to unblock the stock and ensure that the package is delivered to him as soon as possible. If necessary, the Customer Service may agree with the user to change the delivery address. In the event that the delivery attempt following the Customer Service contact also fails or if the user does not respond to the Customer Service contact attempt, the package will be returned to "WebsiteOwner" and the user will be notified of this circumstance by e-mail. The user acknowledges that, after thirty (30) days from when the package is returned to "WebsiteOwner", the contract can be considered terminated and the purchase order canceled pursuant to art. 1456 of the civil code. Once the contract is terminated, "WebsiteOwner" will reimburse the total amount due, if already paid by the user, minus the costs of the unsuccessful delivery of the Product, as well as the costs of returning to WEBSITE OWNER and any other expenses in which "WebsiteOwner" has incurred due to non-delivery caused by the absence of the recipient. The termination of the contract and the amount of the refund will be communicated to the user by e-mail. The refund amount will be credited to the means or payment solution used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date. If, before the expiry of the thirty days mentioned above, the user requests to receive the purchased Product again, "WebsiteOwner" will proceed with the new delivery, after charging the costs thereof, the costs of returning the Product to "WebsiteOwner "and custody costs.

8.6 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites "WebsiteOwner" to make the delivery within an additional deadline appropriate to the circumstances (Additional Deadline pursuant to art. 61, paragraph III, Consumer Code). If this additional term expires without the Products having been delivered, the user is entitled to terminate the contract (Termination of the Contract pursuant to Article 61, paragraph III, Consumer Code), without prejudice to the right to compensation for damage. The user is not burdened with the burden of granting "WebsiteOwner" the Additional Term pursuant to art. 61, paragraph III, Consumer Code (Cases excluded) if:

a) "WebsiteOwner" has expressly refused to deliver the Products.

b) compliance with the delivery deadline indicated during the purchase process and in the order, confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;

c) the user has informed "WebsiteOwner", prior to the conclusion of the contract, that delivery by or on a specified date is essential.

In the Excluded Cases, if the user does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damage (Termination of the Contract in Cases excluded).

The indication of the Supplementary Term pursuant to art. 61, III, Consumer Code and the notice of termination of the contract pursuant to art. 61, paragraph III, Consumer Code or Contract Termination in the Excluded Cases must be communicated by the user to "WebsiteOwner" at the addresses referred to in art. 16 below.

In case of Termination of the Contract pursuant to art. 61, paragraph III, Consumer Code or Resolution in the Excluded Cases, "WebsiteOwner" will refund the user the total amount due without undue delay.

8.7 In all cases referred to in art. 8.6 above where a refund is due to the user, the amount of the refund will be communicated to the user by e-mail. It will be credited to the same payment method used by the user for the purchase. Any delays may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date.

 

ESTIMATED DELIVERY TIMES FOR THE SHIPPING DATE:

USA and Canada: 2-4 days depending on the destinations

Europe: 1-3 days for major destinations / 2 - 4 days for remote destinations

Latin America: 3 - 4 days

Asia and the Middle East: 2 - 4 days

Australia and Oceania: 2 - 4 days for major destinations / 4 - 5 days for remote destinations

Africa: 2 - 4 days

"WebsiteOwner" is not responsible for any delays due to customs operations and controls, or due to force majeure beyond the control of "WebsiteOwner".



9. METHOD OF PAYMENT AND PROMOTIONAL CODES

 

9.1 Payment for the Products can be made by credit card or through PayPal payment solution or by using the Bank service. If one of these payment methods / solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure. At the time of purchase, Customers enter their credit card details in a secure electronic banking system, provided by Gruppo Veneto Banca or Banca Sella. Purchases can be made via Visa, Mastercard, American Express, and JCB.

9.2 The commercial invoice will be issued automatically with each purchase. On the first purchase, the user will be asked to communicate the data for the header of the invoice, including the tax code. He may subsequently modify such data. For the issuance of the invoice, the information provided for this purpose by the user will prevail, which he declares and guarantees to be true, undertaking to keep "WebsiteOwner" harmless and indemnified from any damage, including sanctions issued by the competent authorities, which it may derive in the event of non-compliance with the truth of the same.

9.3 In order to ensure the security of payments made on the Site and prevent any fraud, "WebsiteOwner" reserves the right to ask the user, by e-mail, to send, by the same means, a front / back copy of their identity card and, if the holder of the order is different from the holder of the card, the identity card of the latter. The document must be valid. The deadline by which the document must reach "WebsiteOwner" will be specified in the e-mail request. This term will not, in any case, exceed 5 working days from the receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.

9.4 In the event that "WebsiteOwner" does not receive such documents within the term specified in the request e-mail or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order consequently canceled, without prejudice to the right of "WebsiteOwner" to compensation for any damage it may have incurred due to non-compliant user behavior. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days from the expiry of the deadline for sending the documents requested by "WebsiteOwner", will result in the cancellation of the order, with consequent refund of the Total Amount Due, with the methods and timing referred to in art. 7.2 above.

9.5 In case of receipt by "WebsiteOwner" of valid documentation within the term indicated in the e-mail referred to in art. 9.3 above, the delivery terms will run from the date of receipt of the same.

9.6 By choosing the Paypal payment method, the customer can pay directly through his Paypal account. "WebsiteOwner" reserves the right to ship the goods only to the address indicated on the account verified by Paypal. We wish to remind our new customers that "WebsiteOwner" can ask the Bank or Paypal to verify the transaction, even by contacting the counterparty bank. This verification could cause some delay in the shipment of the order.

9.7 Customers who subscribe to the "WebsiteOwner" newsletter will receive updates on promotions and / or promotional codes that can be placed in the cart during the purchase procedure. Each code has a start and end date of validity, and this time limit cannot in any way be extended. Promotional codes can be used in conjunction with coupons and vouchers issued in case of open credits.



10. RIGHT OF WITHDRAWAL

10.1 The user who acts as a consumer has the right to withdraw from the contract concluded with "WebsiteOwner", without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period).

THE ORDER MUST THEREFORE BE RETURNED IN THE METHODS INDICATED BY "WebsiteOwner" WITHIN AND NOT MORE THAN 14 WORKING DAYS, AFTER THIS TERM, THE RETURN WILL NOT BE ACCEPTED

The Withdrawal Period expires after 14 days:

a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product.

b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product; or

c) in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

10.2 EXERCISE THE RIGHT OF WITHDRAWAL

To exercise the right of withdrawal in relation to an Order, the user must inform "WebsiteOwner" of his decision to withdraw before the expiry of the Withdrawal Period. To this end, the customer must communicate to "WebsiteOwner" by e-mail his will to exercise his right of withdrawal by communicating the order number. Once the procedure has been completed, "WebsiteOwner" will send a confirmation by e-mail, containing the waybill for the return and the instructions to be respected to return the goods.

10.3 The user has exercised his right of withdrawal within the Withdrawal Period, if the product is returned to "WebsiteOwner" in the manner indicated by this and no later than 14 working days.

10.4 The user, after having exercised the right of withdrawal in the manner indicated in art. 10.2 and 10.3 above, must return the Product to "WebsiteOwner" using the carrier that will be indicated in the email sent by "WebsiteOwner". The order number subject to the return must be written on the waybill, which must be completed as indicated in the authorization e-mail received from the "WebsiteOwner" Returns department. (The letter will be sent by email or may already be contained in the package containing the order). The return shipping costs, and any customs duties (where applicable) will always be charged to the customer unless specifically indicated otherwise during promotional free returns periods. The return of the Product to "WebsiteOwner" takes place under the responsibility of the user.

10.5 If the user withdraws from the contract, "WebsiteOwner" will refund the amount paid by the user for the Product less the shipping costs incurred for the return of the Product, except in the case of free returns during promotional periods - without undue delay and in any case no later than 14 calendar days from the day on which the Product will arrive at the "WebsiteOwner" warehouses and the items will be checked. The refund will be made using the same payment method used by the user for the initial transaction, unless the user has expressly agreed otherwise; in any case, the user will not have to incur any costs because of this reimbursement.

The security seal on the returned items must not be cut or broken. The garments must not have been worn, washed, or altered and must not show any signs of use. The soles of the shoes must be in perfect condition and show no signs of any kind. Each garment must be returned including all original labels, packaging and accessories (Dustbags, hangers, clothes cover, etc.) received with the order. All footwear and accessories must be returned together with their original box, which is considered to all intents and purposes an integral part of the product itself and which must not have been damaged and / or altered in any way, nor used as a single external packaging. Returns must be sent inside the "WebsiteOwner" box.

10.6 "WebsiteOwner" reserves the right to request photographic evidence before authorizing returns for defective goods and bear the shipping costs for returning the goods to their premises. Swimwear and underwear (bikinis, briefs, boxers etc.) must be tried on over your personal underwear. Returns of these items will be refused and returned to the Customer if the transparent hygienic protection label has been removed, or if the items show signs of use.

10.7 The user is solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled, and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and leaflets, with identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories (which do not constitute autonomous Products) of the Product.

10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. "WebsiteOwner" will notify the user within 5 working days of receipt of the Product, rejecting the request for withdrawal. If the Product has already been received by "WebsiteOwner", it will remain at "WebsiteOwner" at the user's disposal for collection which must take place at the expense and under the responsibility of the user.

10.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. "WebsiteOwner" will notify the user of the circumstance and the consequent reduced refund amount within 5 working days of receipt of the Product, providing the same, if the refund has already been paid, the bank details for the payment of the amount. owed by the user due to the decrease in value of the Product.

10.10 In the event that, in the event of one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be given specific and express communication in the Product Sheet and, in any case, during the purchase process, before the user proceeds with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, if the sale concerns:

(i) products made to measure or clearly personalized.

(ii) products that are liable to deteriorate or expire rapidly.



11. LEGAL GUARANTEE OF CONFORMITY

 

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Consumer Code ("Legal Guarantee").

WHO IT APPLIES TO

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not play the role of consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture, and limitations.

WHEN IT APPLIES

The seller (and, therefore, regarding purchases made on the Site, WEBSITE) is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

To take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of this proof, to keep the purchase invoice, which "WebsiteOwner" sends him, or any other document that can certify the date of the purchase (for example the extract credit card account) and the date of delivery.

WHAT IS THE CONFORMITY DEFECT

There is a lack of conformity when the purchased good:

- it is not suitable for the use for which goods of the same type are normally used.

- does not conform to the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model.

- it does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labeling;

- it is not suitable for the particular use desired by the consumer, and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted.

Any breakdowns or malfunctions or defects of any other type caused by accidental events or by the user's responsibility or by a use of the Product that does not comply with its intended use and / or as provided in the documentation are therefore excluded from the scope of the Legal Guarantee. attached to the Product, if any, or in the instructions for use relating to the same.

REMEDIES AVAILABLE TO THE USER

In case of lack of conformity duly reported within the terms, the user has the right:

- primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other and, therefore, in the specific case, considering the type of sale, to the replacement, where this is possible in relation to the number of specimens still available for sale.

- secondarily (if the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at your choice.

The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be carried out, considering (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.

WHAT TO DO IN THE PRESENCE OF A CONFORMITY DEFECT

If a Product purchased on the Site, during the validity period of the Legal Guarantee, manifests what could be a lack of conformity, the user must contact Customer Service, at the addresses and in the manner indicated in art. 16. "WebsiteOwner" will promptly reply to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also to agree on the methods of shipment of the goods, also considering the product category to which the Product belongs and / or the defect reported.

 

REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL WARRANTY

In case of termination of the contract, "WebsiteOwner" will refund the user the total amount paid, consisting of the purchase price of the Product, the shipping costs, and any other additional cost. In the event of a price reduction, "WebsiteOwner" will refund the amount of the reduction, previously agreed with the user. Alternatively, the user can choose to receive a purchase voucher, which can be spent on the Site, of a value equivalent to the amount of the refund or, respectively, of the reduction to which he is entitled.

The amount of the refund or reduction will be communicated to the user via e-mail and credited to the means or payment solution used by the user for the purchase. If the user has chosen the voucher, in place of the refund or reduction, the voucher will be credited to the user in his account and can be viewed by accessing the "Profile" section of the Site.

"WebsiteOwner" is not liable in case of damages, of any kind, deriving from the use of the Product in an improper way and / or not in accordance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.



12. MANUFACTURER'S CONVENTIONAL WARRANTY

The Products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ("Conventional Guarantee"). The user can only enforce this guarantee against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the Product packaging.

The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.



13. COMPETITIONS AND PRIZE OPERATIONS

 

"WebsiteOwner" may organize competitions and prize operations reserved for users of the Site. The rules of each competition and / or prize operation will be available in the appropriate section of the Site.

If the prizes consist of discount coupons or equivalent forms, they cannot in any case be converted into cash.



14. CUSTOMER SERVICE COMPLAINTS

 

14.1 It is possible to request information, send communications, request assistance, or submit complaints by contacting Customer Service in the following ways:

- by filling in and sending the form available in the Customer Service-Contact us section of the Site.

- Via email to the address

- By phone at:

14.2 "Website Owner" will respond to complaints submitted within five working days of receipt of the same.



15. EXHAUSTIVITY

 

Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution.

15.1 These General Conditions of Sale together with the information provided pursuant to art. 49 of the Consumer Code, before the user is bound by the contract, represent the entirety of the agreements between "WebsiteOwner" and the users of the Site with reference to the contracts concluded through the Site.

15.2 The contracts concluded between the users of the Site and "WebsiteOwner" are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

15.3 We remind you that in the case of a consumer user, the court of the place where the user resides or has elected domicile is competent for any dispute relating to the application, execution, and interpretation of these General Conditions of Sale.

15.4 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, n.206 (Consumer Code), "WebsiteOwner" informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to "WebsiteOwner", following which it has not been possible to resolve the dispute thus arisen, "WebsiteOwner" will provide information about the organization or the Alternative Dispute Resolution bodies for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Code del Consumo), specifying whether or not it intends to use these bodies to resolve the dispute itself.

"WebsiteOwner" also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

In any case, the consumer's right to appeal to the ordinary competent judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relationships through recourse to the procedures of referred to in Part V, Title II-bis of the Consumer Code.

15.5 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution, and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.